By: Nelson, et al. S.B. No. 50
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the application for, issuance of, and contents of a
1-2 protective order.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 82.008, Family Code, is
1-5 amended to read as follows:
1-6 (a) An [If an] application for a protective order [alleges
1-7 that the respondent has violated a previously rendered protective
1-8 order by committing an act prohibited by the order and] that is
1-9 filed after a previously rendered [the] protective order has
1-10 expired [after the date that the violation occurred, the
1-11 application for the new protective order] must include:
1-12 (1) a copy of the expired protective order attached to
1-13 the application or, if a copy of the expired protective order is
1-14 unavailable, a statement that the order is unavailable to the
1-15 applicant and that a copy of the order will be filed with the court
1-16 before the hearing on the application;
1-17 (2) a description of either:
1-18 (A) the violation of the expired protective
1-19 order, if the application alleges that the respondent violated the
1-20 expired protective order by committing an act prohibited by that
1-21 order before the order expired; or
1-22 (B) the threatened harm that reasonably places
1-23 the applicant in fear of imminent physical harm, bodily injury,
1-24 assault, or sexual assault; and
2-1 (3) if a violation of the expired order is alleged, a
2-2 statement that the violation of the expired order has not been
2-3 grounds for any other order protecting the applicant that has been
2-4 issued or requested under this subtitle.
2-5 SECTION 2. Subchapter A, Chapter 82, Family Code, is amended
2-6 by adding Section 82.0085 to read as follows:
2-7 Sec. 82.0085. APPLICATION FILED BEFORE EXPIRATION OF
2-8 PREVIOUSLY RENDERED PROTECTIVE ORDER. (a) If an application for a
2-9 protective order alleges that an unexpired protective order
2-10 applicable to the respondent is due to expire not later than the
2-11 30th day after the date the application was filed, the application
2-12 for the subsequent protective order must include:
2-13 (1) a copy of the previously rendered protective order
2-14 attached to the application or, if a copy of the previously
2-15 rendered protective order is unavailable, a statement that the
2-16 order is unavailable to the applicant and that a copy of the order
2-17 will be filed with the court before the hearing on the application;
2-18 and
2-19 (2) a description of the threatened harm that
2-20 reasonably places the applicant in fear of imminent physical harm,
2-21 bodily injury, assault, or sexual assault.
2-22 (b) The procedural requirements for an original application
2-23 for a protective order apply to a protective order requested under
2-24 this section.
2-25 SECTION 3. Section 85.025, Family Code, is amended to read
2-26 as follows:
3-1 Sec. 85.025. DURATION OF PROTECTIVE ORDER. (a) Except as
3-2 provided by Subsection (b), an [An] order under this subtitle is
3-3 effective:
3-4 (1) for the period stated in the order, not to exceed
3-5 five years; or
3-6 (2) if a period is not stated in the order, until [one
3-7 year. An order that does not specify the period for which the
3-8 order is effective expires on] the fifth [first] anniversary of the
3-9 date the order was issued.
3-10 (b) If a person who is the subject of a protective order is
3-11 confined or imprisoned on the date the protective order would
3-12 expire under Subsection (a), the period for which the order is
3-13 effective is extended, and the order expires on the first
3-14 anniversary of the date the person is released from confinement or
3-15 imprisonment.
3-16 SECTION 4. Section 85.026, Family Code, is amended to read
3-17 as follows:
3-18 Sec. 85.026. WARNING ON PROTECTIVE ORDER. (a) Each
3-19 protective order issued under this subtitle, including a temporary
3-20 ex parte order, must contain the following printed statements
3-21 [statement] in bold-faced type or capital letters:
3-22 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED
3-23 FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR
3-24 BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR
3-25 BOTH.
3-26 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED
4-1 BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE
4-2 OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE
4-3 TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF
4-4 THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT
4-5 CHANGES THE ORDER.
4-6 "IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO
4-7 A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION."
4-8 (b) Each protective order issued under this subtitle, except
4-9 for a temporary ex parte order, must contain the following printed
4-10 statement in bold-faced type or capital letters:
4-11 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN
4-12 ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE
4-13 OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS
4-14 LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN
4-15 FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
4-16 MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS
4-17 PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS
4-18 PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO
4-19 YEARS."
4-20 [(c) Each protective order issued under this subtitle,
4-21 including a temporary ex parte order, must contain the following
4-22 printed statement in bold-faced type or capital letters:]
4-23 ["NO PERSON, INCLUDING A PERSON WHO IS PROTECTED
4-24 BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE
4-25 OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE
4-26 TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF
5-1 THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT
5-2 CHANGES THE ORDER."]
5-3 SECTION 5. Section 87.002, Family Code, is amended to read
5-4 as follows:
5-5 Sec. 87.002. MODIFICATION MAY NOT EXTEND DURATION OF ORDER.
5-6 A protective order may not be modified to extend the period of the
5-7 order's validity beyond the fifth [first] anniversary of the date
5-8 the original order was rendered or beyond the date the order
5-9 expires under Section 85.025(b), whichever date occurs later.
5-10 SECTION 6. (a) This Act takes effect September 1, 1999.
5-11 (b) The change in law made by this Act to Subchapter A,
5-12 Chapter 82, Family Code, by the amendment of Subsection (a),
5-13 Section 82.008, and the addition of Section 82.0085 applies to an
5-14 application for a protective order that is filed on or after the
5-15 effective date of this Act. An application for a protective order
5-16 that is filed before that date is covered by the law in effect on
5-17 the date the application was filed, and the former law is continued
5-18 in effect for that purpose.
5-19 (c) The change in law made by this Act to Sections 85.025,
5-20 85.026, and 87.002, Family Code, applies to a protective order
5-21 issued on or after the effective date of this Act. A protective
5-22 order issued before that date is governed by the law in effect on
5-23 the date the order was issued, and the former law is continued in
5-24 effect for that purpose.
5-25 SECTION 7. The importance of this legislation and the
5-26 crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended.